MANZOOR AHMAD LONE Vs. UT OF J&K

JUDGEMENT

(1.) Manzoor Ahmad Lone son of Abdul Jabbar Lone resident of Darpora, Tehsil Lalpora (for short "detenu") has been, vide order No. DIVCOM-"K"/178/2021 dated 23 rd December, 2021, issued by Divisional Commissioner, Kashmir – respondent no.2 herein (for brevity "Detaining Authority") placed under detention in terms of Sec. (3) of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short NDPS Act), and lodged in Central Jail Kote Bhalwal, Jammu. It is this order that has been assailed in instant petition.

(2.) The case set up in the petition is that the Detaining Authority has passed the detention order on the basis of grounds of dossier, prepared by the SSP Kupwara. It is urged that the detenue has been falsely implicated in case FIR No's. 49/2012 under Sec. 8/20 NDPS Act and 56/2019 under Sec. 8/20 NDPS Act. In both the FIR's the detenue was bailed out by the competent court, however, after a gap of about two years and six months, detenue has been detained in terms of the impugned detention order on the bais of the material/dossier supplied by SSP Kupwara to the Detaining Authority. That there is no material, evidence or document against the detenue and it is not known, as to how and on what material the Detaining Authority has attained satisfaction to pass the detention order. It is further stated that no material has been furnished to the detenue so as to enable him to make an effective representation. Therefore, the Constitutional rights, guaranteed to the detenue stand infringed and for that reason also the detention of the detenue is legally bad and liable to be set aside.

(3.) Learned counsel for respondents in their counter affidavit have resisted the petition on the ground that detention order has been passed in exercise of powers vested with Detaining Authority in terms of sec. 3 of NDPS Act, with a view to prevent the detenue from indulging in illegal trade of illicit traffic in narcotic drugs and psychotropic substance. It is insisted that drug trafficking poses a huge threat to the society for the reason that proceeds, thereof can be utilized for financing the other criminal activities and that detenue has made the life of peace loving citizens of Lalpora, Kupwara miserable. The detenue remained a notorious trafficker of contraband substance like Cannabis and is involved in distribution of the same among the youth of the area. The detenue is involved case FIR No's. 49/2012 and 56/2019 under Sec. 8/20 NDPS Act of Police Station Lalpora, Kupwara and the contraband seized from the possession of the detenue in connection with the aforesaid FIR's were sent to Forensic Science Laboratory, Srinagar (FSL), and the expert has opined that "Charas was detected in the Exhibit" It is further stated that consignment seized from detenu's possession shows that detenue is fully involved in illegal trade with conscious mind, working in an organized manner, is a threat for sustaining moral values of the society, and to the welfare of young generation in the union territory of Jammu and Kashmir. It is further stated that the detention order does not suffer from any malice or legal infirmity, inasmuch as, the safeguards provided under the Constitution have been followed while ordering the detention of the detenue, as such, challenge thrown to the impugned order of detention is not sustainable. The basis of detention is the satisfaction of the Executive of a reasonable probability of likelihood of detenue acting in a manner similar to his past acts and preventing him by detention from doing the same.